DHARAMBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus to release the petitioner by giving benefit of policy dated 12.04.2002 framed by the State Government as the petitioner has undergone the actual period of sentence and his case is covered by the policy and the order of declining premature release dated 05.03.2014, whereby the claim of the petitioner has been rejected, which is contrary to the Policy and guidelines.

(2.) The petitioner faced trial in case FIR No.119 dated 19.09.2001 registered under Sections 376(2)(g)/323 read with Section 34 of Indian Penal Code at Police Station Kosli, District Rewari. He was convicted vide judgment dated 24.09.2004 and was sentenced to undergo RI for a period of 12 years with fine of Rs. 2000/- vide judgment dated 25.09.2004.

(3.) Aggrieved by the aforesaid judgment of conviction and order of sentence passed by the trial Court, the petitioner preferred an appeal before this Court and this Court vide order dated 23.11.2005 set-aside the order of sentence and remanded the case back to the trial Court for passing order of sentence afresh.